The establishment of a company definitely requires a legal representative. Legal persons have the capacity for civil rights. Sometimes we will see or hear news about corporate legal persons borrowing money from the company. Then the legal person can borrow money from his own company. ? If the legal person is a shareholder of the company represented, it needs to be judged whether the person borrowing money from the company wants to withdraw funds, and then decide whether to borrow money. Here is a detailed introduction for you, I hope it will be helpful to you. 1. Can a legal person borrow money from its own company? First, a company may not provide loans to directors, supervisors, or senior managers directly or through subsidiaries. If the legal representative is not a director, supervisor, or senior manager of the company, he can borrow money from the company; secondly, if the legal representative is a shareholder of the company, he needs to judge whether the act of borrowing from the company constitutes an evasion of capital contributions. If the legal representative is trying to circumvent laws and regulations According to the provisions of the regulations, if the full amount of its capital contribution is withdrawn by borrowing, it shall be treated as an act of withdrawing capital and will bear corresponding civil liability. If there is a real lending relationship between the legal representative and the company, it shall be protected by law. According to the provisions of the "Contract Law of the People's Republic of China", the borrower shall repay the loan as scheduled in accordance with the loan contract. According to the "Contract Law of the People's Republic of China" ** According to the provisions of the Civil Procedure Law of the People's Republic of China, if the legal representative refuses to repay, the company can file a lawsuit in the People's Court and require the legal representative to repay the loan and pay interest. Finally, when the legal representative borrows money from the company, he must perform relevant procedures, sign a written loan agreement, and stipulate the purpose of the loan. The loan period should not exceed one year to avoid being deemed as an act of withdrawing capital.

Legal provisions: Article 196 of the "Contract Law of the People's Republic of China" defines a loan contract as a contract in which the borrower borrows money from the lender, returns the loan and pays interest when due. Article 201 of the "Contract Law of the People's Republic of China" Liability for Loan Default If the lender fails to provide the loan according to the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount.

2. What are the reasons for borrowing from the company? 1. The reasons for individuals to borrow from the company include: purchasing sporadic office supplies for the unit (large amounts of office supplies need to be transferred), business trip reserves, salary advances (living expenses are not enough) ), etc. Individuals borrowing money from enterprises need to go through strict approval procedures. 2. Individual employees must bring the following materials when applying for a loan from the company: individual employee housing mortgage loan application; personal certification from the unit; copy of the borrower’s ID card (original); copy of the borrower’s household registration (original); purchase of 100 property rights, You need to bring a copy of the "Approval Form for Preferential House Sales" and fill in the "Urumqi Employee Personal Housing Loan Property Rights Mortgage Certificate"; to purchase a property of 33, you need to bring a copy of the "Full Property Rights Compensation Calculation Form" and attach the borrower's 67 A copy of the private property ownership certificate; when purchasing an affordable housing (affordable housing), you need to bring a copy and original of the pre-sales contract for the affordable housing (affordable housing). A copy of the receipt showing that the borrower has paid more than RMB 30 for the house purchase; the unit should provide a general certificate of the unit's housing provident fund remittance, withdrawal, loan status, and house sales account number.

3. How to write an application for personal loan from a company xx Bank: I am a resident of Guanzhou Town along the river and have been engaged in commercial activities for several years. Mainly engaged in cake shops, advertising, building materials, cement wholesale and retail, Heishui Shanwangdian Quarry Factory (joint venture) and other projects. The monthly family income is about 20,000 yuan. We are in urgent need of capital turnover, so I have applied for a personal loan of 1,200,000 yuan (one hundred and twenty thousand) from your bank, with a term of 5 years. We also agree to use a commercial building (private property) in the Municipal Center on the side of National Highway 326 in Guanzhou Town as loan mortgage, and agree that your bank will inquire about personal information and personal credit status from other financial industries. In line with the principle of good faith, I opened a deposit repayment account with your bank and guaranteed to repay the principal and interest on time. At the same time, I accepted all legal collection measures of your bank and voluntarily assumed all consequences. Loan Applicant: Loan Guarantor: Year, Month, Day The above is a compilation and introduction to relevant legal knowledge such as "Can a legal person borrow money from his own company?"

Whether a legal person borrows money from a company or a company borrows money from a legal person, certain legal procedures are required.